HomeMy WebLinkAbout021974 ORD - 06/28/1994AN ORDINANCE
ANNEXING A 7.65 ACRE TRACT, A STRIP OF LAND, COMPRISED OF
PUBLIC RIGHT-OF-WAY, A PORTION OF SHARPSBURG ROAD AND
RAILROAD RIGHT-OF-WAY, OWNED BY THE UNION PACIFIC
RAILROAD COMPANY AND COMING OUT OF THE GREGORIO FARIAS
GRANT, ABSTRACT NO. 592, IN NUECES COUNTY, TEXAS
DESCRIBED IN VOLUME 1754, PAGE 634 OF THE DEED OF RECORDS
OF NUECES COUNTY, TEXAS.
WHEREAS, the City of Corpus Christi desires to annex said
territory to the City of Corpus Christi; and
WHEREAS, on March 9, 1994, and March 15, 1994, public hearings
were duly held following publication of due notice of said hearing
in the official newspaper, pursuant to V.T.C.A., Local Government
Code § 43.052, as amended, for the consideration of institution of
proceedings for the annexation of defined area wholly within the
extraterritorial jurisdiction of the City of Corpus Christi, at
which all interested persons were afforded an opportunity to be
heard; and
WHEREAS, it has been determined by the City Council that the
territory within said tract or parcel of land, now proposed to be
annexed, abuts and is contiguous and adjacent to the City of Corpus
Christi and constitutes lands and territories subject to annexation
as provided by the City Charter Article I, Section 2; and
WHEREAS, it has been determined that it would be advantageous
to the City and to its citizens and in the public interest to annex
the aforesaid lands and territory hereinafter described:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the tract or parcel of land as set forth in
"Exhibit A" attached, is hereby annexed, said parcel or tract being
described in said Exhibit A which is attached hereto and by this
reference incorporated herein for all purposes, as though fully set
forth herein, marked "Exhibit A".
The tract or parcel of land as set forth in "Exhibit A"
attached, shall hereafter be a part of the City of Corpus Christi,
Texas, and shall be subject to the general laws of the State of
\94NH\90012860.104
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97,4
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Texas, the City Charter, and the ordinances, resolutions, motions,
laws, rules and regulations of the City of Corpus christi, to all
intents and purposes as the present City of Corpus Christi is so
subject, and subject to all the rights, privileges and burdens
thereof.
SECTION 2. That there is hereby approved as part of this
ordinance a service plan attached hereto and made a part hereof for
all purposes as "Exhibit B" which was made available for public
inspection and explained at public hearings on March 3, 1994 and
March 15, 1994. The service plan provides for the same number of
services and levels of service for the annexed area to the same
extent that such services are in existence in the area annexed
immediately preceding the date of annexation or that are otherwise
available in other parts of the city with land uses and population
densities similar to those contemplated or projected in the area
annexed.
SECTION 3. If for any reason any section, paragraph,
subdivision, clause, phrase, word or provision of the ordinance
shall be held invalid or unconstitutional by final judgment of a
court of competent jurisdiction, it shall not affect any other
section, paragraph, subdivision, clause, phrase, word or provision
of this ordinance for it is the definite intent of this City
Council that every section, paragraph, subdivision, clause, phrase,
word or provision hereof be given full force and effect for its
purpose.
\94NH\94NH2860.104
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"EXHIBIT A"
METES AND BOUNDS DESCRIPTION
FOR A 7.65 ACRE STRIP OF PUBLIC RIGHT-OF-WAY
AND A SEGMENT OF MISSOURI -PACIFIC RAILWAY LINE
Describing a 7.65 acre tract of land, more or less, out of the Gregorio Farias Grant, abstract
No. 592, in Nueces County, Texas and being a part of the same land described in Volume 1754, Page
634 of the Deed Records of Nueces County, Texas, the same consisting of three tracts: One being
part of the recently relocated portion of The Missouri -Pacific Railroad and the others, Parts 1 and 2
of Parcel No. 34 as described in Judgment No. 44944-4, concerning the State of Texas vs Garnett
T. Brooks, et ux., et, al in the Nueces County Court of Law No. Four, Nueces County, Texas and
more particularly described as one tract as follows;
Beginning at a point, the intersection of the North right-of-way line of a 40 foot wide
dedicated road sometimes called Ramos Street, the present city limit line as established by Ordinance
No. 16572, dated 11/18/81, and the East right-of-way line of the present 60 foot wide Sharpsburg
Road as described in Parcel No. 34 Part 1 of said Judgment No. 44944-4, for the Southernmost
comer of the tract here -in described;
THENCE in a westerly direction with the said present city limit line, a distance of 30 feet,
more or less, to a point on the former East right-of-way line of 60 foot wide Sharpsburg Road, the
same being a point on the West boundary line of said Parcel No. 34 Part 1 as described in Judgment
No. 44944-4, for the Westerly South comer of this tract;
THENCE N 19 28' 10" West, continuing with the present city limit line and the West line of
said Parcel No. 34, Part 1, at 205 feet, more or less, pass a point of deflection to the right on the
West line of said Parcel 34, Part 1, a distance in all of 653 feet, more or less, along said former East
right-of-way line of 60 foot wide Sharpsburg Road, its curves and its angles, to a point, the South
corner of Parcel No. 34, part 2 as described in aforementioned Judgment No. 44944-4, and the point
of beginning of a curve to the right whose Radius = 2754.789'; Chord Bearing = N 15 54'45.63" W;
Chord Distance = 185.8265';
THENCE in a Northerly direction continuing with the present city limit line and said curve
to the right, an arc distance of 185.86 feet, more or less, to a point for an inside corner of said Parcel
No. 34, Part 2, and an inside corner of this tract;
THENCE continuing with the present city limit line and the north right-of-way line of the
former 60 foot wide Sharpsburg Road, S 76 04' 14" W a distance of 60 feet, more or less, to a point
on the former East right-of-way line of the Missouri -Pacific Railroad, for an outside corner of said
Parcel No. 34, Part 2 and the point of beginning of curve to the right whose Radius = 2814.789';
Chord Bearing = N 01 43' 01.36" W and Chord Distance = 1195.5959, for an outside comer of this
tract;
THENCE continuing with the present city limit line, the former East right-of-way line of the
Missouri -Pacific Railroad, an arc distance of 1204.77 feet, more or less, to a point;
THENCE continuing with the present city limit line, the former East right-of-way line of the
Missouri -Pacific Railroad, N 10 32' 41" E, a distance of 115 feet, more or less, to a corner in the
present city limit line, its intersection with the Westerly extension of the common boundary line
between Lots 16 and 17, of now vacated Calallen Irrigation Gardens as shown on plat of record in
Volume T, Page 159, Nueces County Plat Records, Nueces County Texas, for the Northwest corner
of this tract;
THENCE leaving the present city limit line, in a Southeasterly direction, with said Westerly
extension of the common line between Lots 16 and 17, Calallen Irrigation Gardens, the same being
the Southeasterly extension of said present city limit line, at 30 feet, more or less, pass the west right-
of-way line of the present Missouri -Pacific Railroad, a distance in all of 130 feet, more or less, to a
point on the present East right-of-way line the Missouri -Pacific Railroad, its intersection with the said
common line between Lots 16 and 17, Calallen Irrigation Gardens for the Northeast corner of this
tract;
THENCE in a Southerly direction with the present East right-of-way line of said Missouri -
Pacific Railroad, a curve to the left whose Radius = 5679.578, Chord Bearing = S 02 07' 04.86" E
and a Chord Distance = 401.1751', an arc distance of 245 feet, more or less to the point of tangency;
THENCE continuing with said present East right-of-way line of the Missouri -Pacific Railroad,
S 04 06' 25" E, a distance of 1,010 feet, more or less, to a point, the Northwest corner of
aforementioned Parcel No. 34, Part 1, a point on the North right-of-way line of the present 60 foot
wide Sharpsburg Road, for an inside comer of this tract;
THENCE N 86 44' 00" E with said North right-of-way line of the present 60 foot wide
Sharpsburg Road, a distance of 60 feet, more or less, to a point, the Northeast comer of said Parcel
No. 34, Part 1, for an outside corner of this tract;
THENCE S 04 06; 25" E with the East right-of-way line of the present 60 foot wide
Sharpsburg Road, a distance of 295.38 feet, more or less, to the point of beginning of a curve to the
left whose Radius = 3709.7186'; Chord Distance = 786.717' and Chord Bearing = S 10 11' 37.41"
East;
THENCE in a Southerly direction with said curve to the left, and arc distance of 535 feet,
more or less, to its intersection with the North right-of-way line of the aforementioned dedicated 40
foot roadway sometimes called Ramos Street and the present city limit line for the POINT OF
BEGINNING.
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"EXHIBIT B"
SERVICE PLAN FOR
A 7.65 ACRE STRIP OF LAND COMPRISED OF PUBLIC RIGHT-OF-WAY
AND A SEGMENT OF MISSOURI -PACIFIC RAILWAY LINE
The City will assume maintenance of existing paved Sharpsburg Road, as well as future curbs,
gutters, gas, drainage, water and sewer facilities, that are constructed in subject right-of-way in
accordance with City standards after inspection and acceptance by the City.
Items to be provided in the service plan are as follows:
1) Public safety protection, including fire and police protection, will be provided at a
comparable level of service as other parts of the City on the effective date of
annexation;
2) City garbage and brush collection will begin two weeks after the effective date of
annexation;
3) City Code Enforcement, which includes high weeds and grass, abandoned or junked
automobiles, will be initiated within 60 days of the effective date of annexation;
4) City maintenance of street lighting and street signs on the segment of Sharpsburg Road
right-of-way will commence within 60 days of the effective date of annexation, or as
installed and accepted by the City in accordance with the Platting Ordinance; and
5) The zoning designation for the 7.65 acre tract is proceeding with the concurrent
annexation proceedings. An "I-2" Light Industrial District has been recommended for
the zoning public hearings.
3
That the foregoing ordinance was read for the f' st time and
passed Ato. its second reading on this the 0 day of
19 , by the following vote:
Edward A. MartinINL-
////���� 1 , Dr. David McNichols /�ti19
Melody CooperLAIAtf Cu'
David Noyola nk-Ali
Cezar Galindo Clif Moss `Lbw
n r r
Betty Jean Longoria
passed finally on this the 2.V day of
That the foregoing ordinanc,,e was read f r the second tim and
u4lQ , 19
by the following vote:
Mary Rhodes _4 Edward A. Martin kit"
Dr. Jack Best Dr. David McNichols Lt
Melody
Melody Cooper Cl/FrDavid Noyola
Cezar Galindo
/l�_ .7` Clif Moss 6"
Betty Jean Longoria ""
PASSED AND APPROVED, this the is day of J VNO , 19 / .
Mary Rhodes
Dr. Jack Best
ATTEST:
Armando Chapa, Citecretary
MAYOR
THE CITY •F
APPROVED THIS 22ND DAY OF MARCH, 1994:
JAMES R. BRAY, JR., CITY ATTORNEY
By:
rber J. Hart, LQ.istant CityTttorney
\94NH\94NH2860.104
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u:.197
CORPUS CHRISTI
DOC# 918454
41516 j
n
CERTIFICATE / '' ;y,
(co JUL 1994
THE STATE OF TEXAS § �� 4
G
COUNTY OF NUECES § \<.,
I, the undersigned City Secretary of the City of Corpus Christi, Texas, so certify
that the following is a true and correct copy of Ordinance No. 021974, passed and
approved by City Council on June 28, 1994 as same appears in the Official records of
the City of Corpus Christi, Texas, of which the City Secretary's Office is the lawful
custodian.
WITNESSETH MY HAND and the Official Seal of the City of Corpus Christi, Texas,
this 7th day of July, 1994.
Armando Chapa
City Secretary
Corpus Christi, Texas
AN ORDINANCE
ANNEXING A 7.65 ACRE TRACT, A STRIP OF LAND, COMPRISED OF
PUBLIC RIGHT-OF-WAY, A PORTION OF SHARPSBURG ROAD AND
RAILROAD RIGHT-OF-WAY, OWNED BY THE UNION PACIFIC
RAILROAD COMPANY AND COMING OUT OF THE GREGORIO FARIAS
GRANT, ABSTRACT NO. 592, IN NUECES COUNTY, TEXAS
DESCRIBED IN VOLUME 1754, PAGE 634 OF THE DEED OF RECORDS
OF NUECES COUNTY, TEXAS.
WHEREAS, the City of Corpus Christi desires to annex said
territory to the City of Corpus Christi; and
WHEREAS, on March 9, 1994, and March 15, 1994, public hearings
were duly held following publication of due notice of said hearing
in the official newspaper, pursuant to V.T.C.A., Local Government
Code § 43.052, as amended, for the consideration of institution of
proceedings for the annexation of defined area wholly within the
extraterritorial jurisdiction of the City of Corpus Christi, at
which all interested persons were afforded an opportunity to be
heard; and
WHEREAS, it has been determined by the City Council that the
territory within said tract or parcel of land, now proposed to be
annexed, abuts and is contiguous and adjacent to the City of Corpus
Christi and constitutes lands and territories subject to annexation
as provided by the City Charter Article I, Section 2; and
WHEREAS, it has been determined that it would be advantageous
to the City and to its citizens and in the public interest to annex
the aforesaid lands and territory hereinafter described:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the tract or parcel of land as set forth in
"Exhibit A" attached, is hereby annexed, said parcel or tract being
described in said Exhibit A which is attached hereto and by this
reference incorporated herein for all purposes, as though fully set
forth herein, marked "Exhibit A".
The tract or parcel of land as set forth in "Exhibit A"
attached, shall hereafter be a part of the City of Corpus Christi,
Texas, and shall be subject to the general laws of the State of
\94N11\94NN2860.104
021974
2
Texas, the City Charter, and the ordinances, resolutions, motions,
laws, rules and regulations of the City of Corpus christi, to all
intents and purposes as the present City of Corpus Christi is so
subject, and subject to all the rights, privileges and burdens
thereof.
SECTION 2. That there is hereby approved as part of this
ordinance a service plan attached hereto and made a part hereof for
all purposes as "Exhibit B" which was made available for public
inspection and explained at public hearings on March 3, 1994 and
March 15, 1994. The service plan provides for the same number of
services and levels of service for the annexed area to the same
extent that such services are in existence in the area annexed
immediately preceding the date of annexation or that are otherwise
available in other parts of the city with land uses and population
densities similar to those contemplated or projected in the area
annexed.
SECTION 3. If for any reason any section, paragraph,
subdivision, clause, phrase, word or provision of the ordinance
shall be held invalid or unconstitutional by final judgment of a
court of competent jurisdiction, it shall not affect any other
section, paragraph, subdivision, clause, phrase, word or provision
of this ordinance for it is the definite intent of this City
Council that every section, paragraph, subdivision, clause, phrase,
word or provision hereof be given full force and effect for its
purpose.
\94NH\94NH2860.104
"EXHIBIT A"
METES AND BOUNDS DESCRIPTION
FOR A 7.65 ACRE STRIP OF PUBLIC RIGHT-OF-WAY
AND A SEGMENT OF MISSOURI -PACIFIC RAILWAY LINE
Describing a 7.65 acre tract of land, more or less, out of the Gregorio Farias Grant, abstract
No. 592, in Nueces County, Texas and being a part of the same land described in Volume 1754, Page
634 of the Deed Records of Nueces County, Texas, the same consisting of three tracts: One being
part of the recently relocated portion of The Missouri -Pacific Railroad and the others, Parts 1 and 2
of Parcel No. 34 as described in Judgment No. 44944-4, concerning the State of Texas vs Garnett
T. Brooks, et ux., et, al in the Nueces County Court of Law No. Four, Nueces County, Texas and
more particularly described as one tract as follows;
Beginning at a point, the intersection of the North right-of-way line of a 40 foot wide
dedicated road sometimes called Ramos Street, the present city limit line as established by Ordinance
No. 16572, dated 11/18/81, and the East right-of-way line of the present 60 foot wide Sharpsburg
Road as described in Parcel No. 34 Part 1 of said Judgment No. 44944-4, for the Southernmost
corner of the tract here -in described;
THENCE in a westerly direction with the said present city limit line, a distance of 30 feet,
more or less, to a point on the former East right-of-way line of 60 foot wide Sharpsburg Road, the
same being a point on the West boundary line of said Parcel No. 34 Part 1 as described in Judgment
No. 44944-4, for the Westerly South corner of this tract;
THENCE N 19 28' 10" West, continuing with the present city limit line and the West line of
said Parcel No. 34, Part 1, at 205 feet, more or less, pass a point of deflection to the right on the
West line of said Parcel 34, Part 1, a distance in all of 653 feet, more or less, along said former East
right-of-way line of 60 foot wide Sharpsburg Road, its curves and its angles, to a point, the South
corner of Parcel No. 34, part 2 as described in aforementioned Judgment No. 44944-4, and the point
of beginning of a curve to the right whose Radius = 2754.789'; Chord Bearing = N 15 54'45.63" W;
Chord Distance = 185.8265';
THENCE in a Northerly direction continuing with the present city limit line and said curve
to the right, an arc distance of 185.86 feet, more or less, to a point for an inside corner of said Parcel
No. 34, Part 2, and an inside corner of this tract;
THENCE continuing with the present city limit line and the north right-of-way line of the
former 60 foot wide Sharpsburg Road, S 76 04' 14" W a distance of 60 feet, more or less, to a point
on the former East right-of-way line of the Missouri -Pacific Railroad, for an outside corner of said
Parcel No. 34, Part 2 and the point of beginning of curve to the right whose Radius = 2814.789';
Chord Bearing = N 01 43' 01.36" W and Chord Distance = 1195.5959, for an outside corner of this
tract;
THENCE continuing with the present city limit line, the former East right-of-way line of the
Missouri -Pacific Railroad, an arc distance of 1204.77 feet, more or less, to a point;
THENCE continuing with the present city limit line, the former East right-of-way line of the
Missouri -Pacific Railroad, N 10 32' 41" E, a distance of 115 feet, more or less, to a corner in the
present city limit line, its intersection with the Westerly extension of the common boundary line
between Lots 16 and 17, of now vacated Calallen Irrigation Gardens as shown on plat of record in
Volume T, Page 159, Nueces County Plat Records, Nueces County Texas, for the Northwest corner
of this tract;
THENCE leaving the present city limit line, in a Southeasterly direction, with said Westerly
extension of the common line between Lots 16 and 17, Calallen Irrigation Gardens, the same being
the Southeasterly extension of said present city limit line, at 30 feet, more or less, pass the west right-
of-way line of the present Missouri -Pacific Railroad, a distance in all of 130 feet, more or less, to a
point on the present East right-of-way line the Missouri -Pacific Railroad, its intersection with the said
common line between Lots 16 and 17, Calallen Irrigation Gardens for the Northeast corner of this
tract;
THENCE in a Southerly direction with the present East right-of-way line of said Missouri -
Pacific Railroad, a curve to the left whose Radius = 5679.578, Chord Bearing = S 02 07' 04.86" E
and a Chord Distance = 401.1751', an arc distance of 245 feet, more or less to the point of tangency;
THENCE continuing with said present East right-of-way line of the Missouri -Pacific Railroad,
S 04 06' 25" E, a distance of 1,010 feet, more or less, to a point, the Northwest comer of
aforementioned Parcel No. 34, Part 1, a point on the North right-of-way line of the present 60 foot
wide Sharpsburg Road, for an inside corner of this tract;
THENCE N 86 44' 00" E with said North right-of-way line of the present 60 foot wide
Sharpsburg Road, a distance of 60 feet, more or less, to a point, the Northeast corner of said Parcel
No. 34, Part 1, for an outside corner of this tract;
THENCE S 04 06; 25" E with the East right-of-way line of the present 60 foot wide
Sharpsburg Road, a distance of 295.38 feet, more or less, to the point of beginning of a curve to the
left whose Radius = 3709.7186'; Chord Distance = 786.717' and Chord Bearing = S 10 11' 37.41"
East;
THENCE in a Southerly direction with said curve to the left, and arc distance of 535 feet,
more or less, to its intersection with the North right-of-way line of the aforementioned dedicated 40
foot roadway sometimes called Ramos Street and the present city limit line for the POINT OF
BEGINNING.
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"EXHIBIT B"
SERVICE PLAN FOR
A 7.65 ACRE STRIP OF LAND COMPRISED OF PUBLIC RIGHT-OF-WAY
AND A SEGMENT OF MISSOURI -PACIFIC RAILWAY LINE
The City will assume maintenance of existing paved Sharpsburg Road, as well as future curbs,
gutters, gas, drainage, water and sewer facilities, that are constructed in subject right-of-way in
accordance with City standards after inspection and acceptance by the City.
Items to be provided in the service plan are as follows:
1) Public safety protection, including fire and police protection, will be provided at a
comparable level of service as other parts of the City on the effective date of
annexation;
2) City garbage and brush collection will begin two weeks after the effective date of
annexation;
3) City Code Enforcement, which includes high weeds and grass, abandoned or junked
automobiles, will be initiated within 60 days of the effective date of annexation;
4) City maintenance of street lighting and street signs on the segment of Sharpsburg Road
right-of-way will commence within 60 days of the effective date of annexation, or as
installed and accepted by the City in accordance with the Platting Ordinance; and
5) The zoning designation for the 7.65 acre tract is proceeding with the concurrent
annexation proceedings. An "I-2" Light Industrial District has been recommended for
the zoning public hearings.
That the foregoing
passed to. its seco
PCU , 19
Mary Rhodes
Dr. Jack Best
Melody Cooper
Cezar Galindo
Betty Jean Longoria
That the foregoing ordinang,e
passed finally on this the Z
by the following vote:
3
ordinance was read for the fst time and
reading on this the 0 day of
, by the following vote:
Edward A. Martin
Dr. David McNichols/�� d�
David Noyola (/�^V`r
Clif Moss
Mary Rhodes
Dr. Jack Best
Melody:Cooper
Cezar Galina
Betty Jean, L6»gdfi
PASSED AND Al4SOVEDc t 'the
ATT ST:
rmando Chapa, Cit ecretary
was read f r the second tim nd
day of
JOULE , 19
Edward A. Martin
Dr. David McNichols
David Noyola
Clif Moss
a day of , 19.
MAYOR
THE CITY •F
'APPROVED THIS 22ND DAY OF MARCH, 1994:
JAMES R. BRAY, JR., CITY ATTORNEY
\94NH\94NH2860.104
istant Cityttorney
CORPUS CHRISTI
opt
(Ay), c -c.
c `-t?w' c' a 1 l
act • 9004
es ' 07-08-1994 f 23.00
I:
icial R8ecords in
of IUECES Counter TX.
ERhEST M. BRIONES
Clerk of Courts
Any prowison herein nihkh raldelttar bb, Iknbtor
of the described REAL PROPERTY Scam of Race, Color.
Rei'�'at
Sac Nendke0.F ll&*tutoNationalOis
ens and unenforceable under FEDERAL SAW, LILW.
STATE Et TEXAS
COUNTY OF NUECES
Ihereby certify tMttnthW m ntwasFltEDingeNonlhea
Sequence on the date and at the time stamped herein by me, end
was duly RECORDED, in the Official Public Records of
Nueces County, Texas on
JUL 8 1994
COUNTY CLERK
RUECES COUNTY, MIAS